Hauser v. Hoffman
Supreme Court of Missouri
Appeal from St. Louis Land Court. The facts are stated in the opinion. The following instructions were given and refused.
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Appeal from St. Louis Land Court. The facts are stated in the opinion. The following instructions were given and refused. Asked by plaintiff and refused : 1. If the court finds from the evidence that the suit instituted by Christian Ealler to enforce his lien, the record of which has been given in evidence, was begun more than ninety days after the filing of said lien, then the judgment and execution in favor of said Ealler, and sheriff’s deed to the defendant, read in evidence by him, constitute no bar to the plaintiff’s right to recover in this action. 2. If the court find from the evidence…
1Opinion of the CourtBates, Judge
This is an action for possession of a lot of ground in St. Louis, brought originally against both Weber and Hoffman, but dismissed as to Weber before trial.
At the trial, judgment was rendered in favor of the defendant, Hoffman.
Both parties claim title under Weber, who, on the first of January, 1856, had good title'to the lot.
The plaintiff claims under a deed of trust made by Weber on the 9th of July, 1856, to secure the payment of a debt and a sale under the deed of trust, at which sale the plaintiff became purchaser. The defendant claims under a judgment and execution sale at which he was…
2Cited by8 opinions
- Missouri Fire Clay Works v. EllisonMissouri Court of Appeals · 1888
- Schaeffer v. LohmanSupreme Court of Missouri · 1863
- Telanus v. SimpsonSupreme Court of Missouri · 1928
- T. A. Miller Lumber Co. v. OliverMissouri Court of Appeals · 1896
- Center Creek Mining Co. v. CoyneMissouri Court of Appeals · 1912
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